Sudan leader could face genocide charge for Darfur
The unprecedented decision could lead to President Omar al-Bashir’s indictment with humanity’s worst crime.
The appeals ruling also put other leaders around the world on notice that the court will not balk at charging them with genocide if they persecute their own people.
The standard of proof the court used last year to dismiss three counts of genocide against al-Bashir “was higher and more demanding than what is required” in its statutes, appellate judge Erkki Kourula of Finland said.
Activists welcomed the groundbreaking decision, which helps define just how much evidence prosecutors need before judges at the world’s first permanent war crimes tribunal will issue an indictment.
“Today’s ruling is hugely significant, as it could lead to the inclusion of charges of genocide for a sitting head of state for the first time in the history of the court,” said William R Pace of the Coalition for the ICC, a non-government group. The five-judge appeals chamber said the International Criminal Court wrongly concluded in March that there was insufficient evidence to charge al-Bashir with three counts of genocide for allegedly attempting to wipe out entire ethnic groups in the war-ravaged province of Darfur.
Instead, the court charged him with seven counts of war crimes and crimes against humanity for allegedly orchestrating a campaign of murder, torture, rape and forced expulsions in Darfur.
Al-Bashir refuses to recognise the court’s jurisdiction.
Rabie Abdel-Attie, a government spokesman, said the decision will not affect al-Bashir’s bid to run again for presidency in April.
